Nkosi and Others v Minister of Police and Others (67107/17) [2021] ZAGPPHC 322 (27 May 2021)

Nkosi and Others v Minister of Police and Others (67107/17) [2021] ZAGPPHC 322 (27 May 2021)

The court found that the plaintiffs failed to comply with the notice requirements of the Institution of Legal Proceedings Against Certain Organs of State Act in respect of the Third Defendant. The application for joinder was not properly served on the Third Defendant, but only on the State Attorney, and the relevant facts were not disclosed to the judge who granted the joinder order. The plaintiffs' claim against the Third Defendant had already prescribed before the joinder and amendment of particulars of claim. The plaintiffs failed to provide a reasonable explanation for the delay and non-compliance, and the Third Defendant suffered prejudice as a result. The jurisdictional requirements...

Citation
[2021] ZAGPPHC 322
Parties
Applicant: Aaron Nkosi & 10 Others; Respondent: Minister of Police; Respondent: National Director of Public Prosecutions; Respondent: Tshwane Metro Police Department
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 May 2021
Case Number
67107/17
Procedural Posture
Condonation Application / Opposed Motion for Condonation Under S 3(4) of the Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Application for condonation dismissed with costs.
Judges
Mabuse
Legal Topics
Condonation, Prescription, Institution of Legal Proceedings Against Organs of State Act, Joinder, Unlawful Arrest, Malicious Prosecution
Civil Procedure Condonation Prescription Institution of Legal Proceedings Against Organs of State Act Joinder Unlawful Arrest Malicious Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Aaron Nkosi & 10 Others

Applicant

Minister of Police

Respondent

National Director of Public Prosecutions

Respondent

Tshwane Metro Police Department

Respondent

Procedural Posture

Condonation Application / Opposed Motion for Condonation Under S 3(4) of the Institution of Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether the plaintiffs' failure to comply with section 3(1) and 3(2) of the Institution of Legal Proceedings Against Certain Organs of State Act should be condoned.
  2. 2 Whether the plaintiffs' claim against the Third Defendant has been extinguished by prescription.
  3. 3 Whether good cause exists for the failure to give timeous notice to the Third Defendant.

Ratio Decidendi

The court found that the plaintiffs failed to comply with the notice requirements of the Institution of Legal Proceedings Against Certain Organs of State Act in respect of the Third Defendant. The application for joinder was not properly served on the Third Defendant, but only on the State Attorney, and the relevant facts were not disclosed to the judge who granted the joinder order. The plaintiffs' claim against the Third Defendant had already prescribed before the joinder and amendment of particulars of claim. The plaintiffs failed to provide a reasonable explanation for the delay and non-compliance, and the Third Defendant suffered prejudice as a result. The jurisdictional requirements...

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application for condonation is dismissed.
  • The plaintiffs are ordered to pay the costs of the application.